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If you have been injured
due to the wrongful actions of another, beware! The clock is
ticking. Generally speaking, a legal doctrine called "statute
of limitations" provides that you must bring your claim (file a
lawsuit) within a specified timeframe, or forever be barred from pursuing
such claim.
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The time periods can
vary significantly depending upon the jurisdiction, the type of case, the
plaintiff, and other factors. Many exceptions and caveats have
developed over the years in certain jurisdictions which make the
calculation of these time periods can be exceedingly complicated.
Therefore, it is highly advisable to consult an experienced attorney as
soon as possible to help you determine when the deadline is for you to
file your lawsuit.
Beyond the
"statute of limitations", many jurisdictions place additional
deadlines on claims brought against certain types of entities. For
instance, in a number of states, additional deadlines exist for persons
seeking to assert a claim against a governmental unit. These
deadlines require that the claimant put the government "on
notice" of the claim much sooner than the statute of limitations
requires that a lawsuit be filed (in some cases just a matter of months
after the incident giving rise to the claim). If notice is not
given, the claim is barred. This example illustrates the importance
of acting quickly to obtain competent legal counsel to guide you through
this legal minefield.
Besides the
consequences of missing a filing deadline, there are other important
reasons not to delay in pursuing a personal injury claim. The sooner
an attorney is hired, the soon he or she can begin investigating the
facts, interviewing witnesses, and otherwise set about obtaining and
preserving important evidence to be used in pursing your case.
Otherwise, witnesses' memories tend to fade and crucial evidence can be
lost or destroyed.
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